Sewer dispute goes to trial in Lauderdale Chancery Court
By By Suzanne Monk / managing editor
Jan. 8, 2003
Four final hours of negotiation came to naught Tuesday at the Lauderdale County Courthouse, as representatives of the city of Meridian and the town of Marion were unable to resolve a longstanding sewage dispute.
A problem had existed since 1996 but became acute in December 2000, when Meridian officials announced their intention to raise the fee charged to Marion for treatment of sewage from 68 cents per thousand gallons to $2.43 per thousand gallons.
Marion officials filed a lawsuit of sorts in February 2001, asking Chancery Judge Jerry Mason to mediate the dispute.
Meridian officials asked the judge to dismiss the complaint. Mason declined. All attempts at mediation failed and a court date was set.
On Tuesday, the two sides showed up at the courthouse for the trial and one last round of negotiations began. Attorneys and their clients met in a number of configurations and in a number of rooms.
At about 2:15 p.m., all parties announced they were unable to agree on a settlement. The trial began about 2:30 p.m.
The timeline
From the initial testimony, this appears to be the background of the disagreement:
1986: Meridian entered into an agreement to treat Marion's sewage. The 30-year agreement had an initial five-year term, and was renewable every five years. A formula was established to calculate what Marion would be charged; the initial charge was 60 cents per thousand gallons.
1991: At the first renewal, the charge went up to 68 cents per thousand gallons.
1996: At the second renewal, Meridian proposed a charge of $1.31 per thousand gallons. The two mayors Meridian Mayor John Robert Smith and Marion Mayor Malcolm Threatt agreed between them to postpone negotiations until after the 1997 municipal elections. Who asked who for the delay is a subject of debate.
1997: Both mayors were re-elected. Marion did not respond to the proposed $1.31 figure. Meridian did not pursue negotiations.
Time passes: Between 1997 and 2000, Marion continued to pay 68 cents per thousand gallons.
Late 2000: Meridian officials gave Marion notice that the agreement was no longer in effect, and raised Marion's rate for sewage treatment to $2.43 per thousand gallons.
Then until now: Meridian's bills have reflected the $2.43 figure, but Marion has continued to pay at 68 cents per thousand gallons.
At issue
Marion officials claim they have a valid agreement with Meridian the 30-year contract, renewable every five years and say the current city council should honor it.
"If I make an agreement with someone, I stick to it," Threatt said.
Meridian officials say the issue has been clear since the beginning, pointing to a 1986 attorney general's opinion which cautions that, "A board may not bind its successors in office."
In other words, Meridian officials contend, the agreement was subject to change at every election.
Smith testified that the $2.43 rate was fair because it is what residential customers in Meridian were charged.
"By law, we could have charged double the city rate, but we did not feel that was being a good neighbor," the mayor said.
Smith said it is comparable, or less than, what other sewage customers outside the city limits are charged. Naval Air Station Meridian is charged $2.43 per thousand gallons; Lost Gap prison is charged $3.58.
What's next?
The trial was set to resume at 9:30 a.m. today. Several days of testimony are expected.
There is no jury. As is common in many Chancery Court matters, the judge will make the final determination about how to resolve the disagreement. There is no statutory requirement on Judge Jerry Mason to rule within a certain number of days.
